Divorce proceedings are all but guaranteed to be trying, emotionally draining times. Emotions run high, tensions between family members are palpable, and all you want to do is get things over with and move on. But what many divorcing couples often don’t realize is just how damaging a divorce can be to their personal finances. And the closer you are to retirement age, the repercussions of a divorce can be even more severe, especially to the spouse who has chosen to stay at home and forego employment for years.
It’s for this reason it’s important to claim everything you are entitled to of what you saved as a couple. Unfortunately, this is easier said than done, as things like retirement savings are relatively easy to hide if you don’t know where to look.
Here are a few places to focus your attention on.
Turn to the Internal Revenue Service
Most of us tend to avoid any kind of dealings with the IRS out of fear of being audited. But during a divorce, the IRS can be one of the best places to check for a paper trail leading back to your ex-spouse’s Individual Retirement Arrangement (IRA) and retirement account distributions, which can be found on a 1099-R form.
Let’s say your spouse moved funds from a retirement account into an IRA with Ameritrade or a 401(k) with Vanguard. Either way, if your spouse did this to siphon funds away from their account and make it seem it contains much less than expected, this transaction would still trigger Ameritrade or Vanguard to send a 1099-R to both your spouse and the IRS.
And even if your former spouse were to throw their copy of the form away, the IRS would still know and report this in the tax return for the year the transaction happened.
Check for Fake Documents
In a world of Photoshop and digital manipulation, it’s never been easier to doctor documents so they show any amount you want to declare. And that doesn’t even include the ‘traditional’ defrauding tools like a photocopier, typewriter, or even something as simple as correction fluid or tape.
In any case, if you’re going through a divorce or have just been through one, be sure to check the authenticity of any tax, IRA, or 401(k) documents you get from your spouse. When in doubt, talk to your lawyer or a fraud specialist to determine the veracity of the barely legible document given to the courts.
You can also multiply the number of shares of the retirement fund by its latest share price to see if the investment value lines up with the number you see on the document.
If you, or a loved one, are going through divorce and want to know how to protect your finances, let family law attorney Daniella Lyttle handle the job for you. Call the Lyttle Law Firm today to find out how we can help.